Spoliation: Don’t Destroy Your Case By Losing Evidence

Spoliation may occur through negligence or intent. In some states, it can be a separate tort. Most importantly, it can cause big problems in defending or pursuing a claim.

By Wayne Partenheimer|March 13, 2012 at 06:03 AM

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The fire at your insured’s second-floor offices six months ago caused heavy damage to his business and to the company on the first floor. Since then, you and the claims adjuster for the downstairs firm, along with your cause and origin experts have inspected the scene. As suggested by the evidence (and mutually agreed upon by the experts), fire was electrical in nature and originated in one of your insured’s computers or was caused by an electrical cord or power strip connected to a computer. The wires, cords, computer, and power strip were photographed by both experts and retained by yours.